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TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT Sections
Subtitle A-Byrne Program
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years 1995
2000 such sums as may be necessary to carry out the programs
parts D and E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, of which the following amounts may be appropriated from
the Violent Crime Reduction Trust Fund:
(1) $ 580,000,000 for fiscal year 1995;
(2) $ 130,000,000 for fiscal year 1996;
(3) $ 100,000,000 for fiscal year 1997;
(4) $ 75,000,000 for fiscal year 1998;
(5) $ 70,000,000 for fiscal year 1999; and [*H8844]
(6) $ 45,000,000 for fiscal year 2000.
Subtitle B-Law Enforcement Family Support
SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.
(a) In General .-Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(a),
is amended-
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as 2401; and
(3) by inserting after part V the following new part:
H5 "PART W-FAMILY SUPPORT
H4 "SEC. 2301. DUTIES.
"The Attorney General shall-
"(1) establish guidelines and oversee the implementation of
family-friendly policies within law enforcement-related offices and
divisions in the Department of Justice;
"(2) study the effects of stress on law enforcement personnel and
family well-being and disseminate the findings of such studies to
Federal, State, and local law enforcement agencies, related
organizations, and other interested parties;
"(3) identify and evaluate model programs that provide support
services to law enforcement personnel and families;
"(4) provide technical assistance and training programs to develop
stress reduction and family support to State and local law enforcement
agencies;
"(5) collect and disseminate information regarding family support,
stress reduction, and psychological services to Federal, State, and
local law enforcement agencies, law enforcement-related organizations,
and other interested entities; and
"(6) determine issues to be researched by the Department of Justice
and by grant recipients.
H4 "SEC. 2302. GENERAL AUTHORIZATION.
"The Attorney General may make grants to States and local law
enforcement agencies and to organizations representing State or local
law enforcement personnel to provide family support services to law
enforcement personnel.
H4 "SEC. 2303. USES OF FUNDS.
"(a) In General .-A State or local law enforcement agency or
organization that receives a grant under this Act shall use amounts
provided under the grant to establish or improve training and support
programs for law enforcement personnel.
"(b) Required Activities .-A law enforcement agency or organization
that receives funds under this part shall provide at least one of the
following services:
"(1) Counseling for law enforcement family members.
"(2) Child care on a 24-hour basis.
"(3) Marital and adolescent support groups.
"(4) Stress reduction programs.
"(5) Stress education for law enforcement recruits and families.
"(6) Technical assistance and training programs to support any or all
of the services described in paragraphs (1), (2), (3), (4), and (5).
"(c) Optional Activities .-A law enforcement agency or organization
that receives funds under this part may provide the following
services:
"(1) Post-shooting debriefing for officers and their spouses.
"(2) Group therapy.
"(3) Hypertension clinics.
"(4) Critical incident response on a 24-hour basis.
"(5) Law enforcement family crisis telephone services on a 24-hour
basis.
"(6) Counseling for law enforcement personnel exposed to the human
immunodeficiency virus.
"(7) Counseling for peers.
"(8) Counseling for families of personnel killed in the line of duty.
"(9) Seminars regarding alcohol, drug use, gambling, and overeating.
"(10) Technical assistance and training to support any or all of the
services described in paragraphs (1), (2), (3), (4), (5), (6), (7),
(8), and (9).
H4 "SEC. 2304. APPLICATIONS.
"A law enforcement agency or organization desiring to receive a grant
under this part shall submit to the Attorney General an application at
such time, in such manner, and containing or accompanied by such
information as the Attorney General may reasonably require. Such
application shall-
"(1) certify that the law enforcement agency shall match all Federal
funds with an equal amount of cash or in-kind goods or services from
other non-Federal sources;
"(2) include a statement from the highest ranking law enforcement
official from the State or locality or from the highest ranking
official from the organization applying for the grant that attests to
the need and intended use of services to be provided with grant funds;
and
"(3) assure that the Attorney General or the Comptroller General of
the United States shall have access to all records related to the
receipt and use of grant funds received under this part.
H4 "SEC. 2305. AWARD OF GRANTS; LIMITATION.
"(a) Grant Distribution .-In approving grants under this part, the
Attorney General shall assure an equitable distribution of assistance
among the States, among urban and rural areas of the United States,
and among urban and rural
areas of a State.
"(b) Duration .-The Attorney General may award a grant each fiscal
year, not to exceed $ 100,000 to a State or local law enforcement
agency or $ 250,000 to a law enforcement organization for a period not
to exceed 5 years. In any application from a State or local law
enforcement agency or organization for a grant to continue a program
for the second, third, fourth, or fifth fiscal year following the
first fiscal year in which a grant was awarded to such agency, the
Attorney General shall review the progress made toward meeting the
objectives of the program. The Attorney General may refuse to award a
grant if the Attorney General finds sufficient progress has not been
made toward meeting such objectives, but only after affording the
applicant notice and an opportunity for reconsideration.
"(c) Limitation .-Not more than 5 percent of grant funds received by a
State or a local law enforcement agency or organization may be used
for administrative purposes.
H4 "SEC. 2306. DISCRETIONARY RESEARCH GRANTS.
"The Attorney General may reserve 10 percent of funds to award
research grants to a State or local law enforcement agency or
organization to study issues of importance in the law enforcement
field as determined by the Attorney General.
H4 "SEC. 2307. REPORTS.
"A State or local law enforcement agency or organization that receives
a grant under this part shall submit to the Attorney General an annual
report that includes-
"(1) program descriptions;
"(2) the number of staff employed to administer programs;
"(3) the number of individuals who participated in programs; and
"(4) an evaluation of the effectiveness of grant programs.
H4 "SEC. 2308. DEFINITIONS.
"For purposes of this part-
"(1) the term 'family-friendly policy' means a policy to promote or
improve the morale and well being of law enforcement personnel and
their families; and
"(2) the term 'law enforcement personnel' means individuals employed
by Federal, State, and local law enforcement agencies.".
(b) Technical Amendment .-The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 50001(b), is amended by striking the
matter relating to part V and inserting the following:
H5 "Part W-Family Support
"Sec. 2301. Duties.
"Sec. 2302. General authorization.
"Sec. 2303. Uses of funds.
"Sec. 2304. Applications.
"Sec. 2305. Award of grants; limitation.
"Sec. 2306. Discretionary research grants.
"Sec. 2307. Reports.
"Sec. 2308. Definitions.
H5 "Part V-Transition-Effective Date-Repeals
"Sec. 2301. Continuation of rules, authorities, and privileges.".
(c) Authorization of Appropriations .-Section 1001(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 50001(c), is amended-
(1) in paragraph (3) by striking "and V" and inserting "V, and W"; and
(2) by adding at the end the following new paragraph:
"(21) There are authorized to be appropriated to carry out part W-
"(1) $ 2,500,000 for fiscal year 1996;
"(2) $ 4,000,000 for fiscal year 1997;
"(3) $ 5,000,000 for fiscal year 1998;
"(4) $ 6,000,000 for fiscal year 1999; and
"(5) $ 7,500,000 for fiscal year 2000.".
Subtitle C-DNA Identification
SEC. 210301. SHORT TITLE.
This subtitle may be cited as the "DNA Identification Act of 1994".
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA
ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
(a) Drug Control and System Improvement Grant Program .-Section 501(b)
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3751(b)) as amended by section 150003, is amended-
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(25) developing or improving in a forensic laboratory a capability to
analyze deoxyribonucleic acid (hereinafter in this title referred to
as 'DNA') for identification purposes.".
(b) State Applications .-Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end the following new paragraph:
"(12) If any part of funds received from a grant made under this part
is to be used to develop or improve a DNA analysis capability in a
forensic laboratory, a certification that-
"(A) DNA analyses performed at such laboratory will satisfy or exceed
then current standards for a quality assurance program for DNA
analysis, issued by the Director of the Federal Bureau of
Investigation under section 210303 of the DNA Identification Act of
1994;
"(B) DNA samples obtained by, and DNA analyses performed at, such
laboratory will be accessible only-
"(i) to criminal justice agencies for law enforcement identification
purposes;
"(ii) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;
"(iii) for criminal defense purposes, to a defendant, who shall have
access to samples and analyses performed in connection with the case
in which such defendant is charged; or
"(iv) if personally identifiable information is removed, for a
population statistics database, for identification research and
protocol development purposes, or for quality control purposes; and
"(C) such laboratory, and each analyst performing DNA analyses at such
laboratory, will undergo, at regular intervals of not to exceed
[*H8845] 180 days, external proficiency testing by a DNA proficiency
testing program meeting the standards issued under section 210303 of
the DNA Identification Act of 1994.".
(c) DNA Identification Grants .-
(1) In general .-Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(a),
is amended-
(A) by redesignating part X as part Y;
(B) by redesignating section 2401 as section 2501; and
(C) by inserting after part W the following new part:
"PART X-DNA IDENTIFICATION GRANTS
"SEC. 2401. GRANT AUTHORIZATION.
"The Attorney General may make funds available under this part to
States and units of local government, or combinations thereof, to
carry out all or a substantial part of a program or project intended
to develop or improve the capability to analyze deoxyribonucleic acid
(referred to in this part as 'DNA') in a forensic laboratory.
"SEC. 2402. APPLICATIONS.
"To request a grant under this part, the chief executive officer of a
State or unit of local government shall submit an application in such
form as the Attorney General may require.
"SEC. 2403. APPLICATION REQUIREMENTS.
"No grant may be made under this part unless an application has been
submitted to the Attorney General in which the applicant certifies
that-
"(1) DNA analyses performed at the laboratory will satisfy or exceed
then current standards for a quality assurance program for DNA
analysis issued by the Director of the Federal Bureau of Investigation
under section 210303 of the DNA Identification Act of 1994.
"(2) DNA samples obtained by and DNA analyses performed at the
laboratory shall be made available only-
"(A) to criminal justice agencies for law enforcement identification
purposes;
"(B) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;
"(C) for criminal defense purposes, to a defendant, who shall have
access to samples and analyses performed in connection with the case
in which the defendant is charged; or "(D) if personally identifiable
information is removed, for a population statistics database, for
identification research and protocol development purposes, or for
quality control purposes; and
"(3) the laboratory and each analyst performing DNA analyses at the
laboratory shall undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA proficiency testing program that
meets the standards issued under section 210303 of the DNA
Identification Act of 1994.
"SEC. 2404. ADMINISTRATIVE PROVISIONS.
"(a) Regulation Authority .-The Attorney General may promulgate
guidelines, regulations, and procedures, as necessary to carry out the
purposes of this part, including limitations on the number of awards
made during each fiscal year, the submission and review of
applications, selection criteria, and the extension or continuation of
awards.
"(b) Award Authority .-The Attorney General shall have final authority
over all funds awarded under this part.
"(c) Technical Assistance .-To assist and measure the effectiveness
and performance of programs and activities funded under this part, the
Attorney General may provide technical assistance as required.
"SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
"(a) Federal Share .-The Federal share of a grant, contract, or
cooperative agreement made under this part may not exceed 75 percent
of the total costs of the project described in the application
submitted for the fiscal year for which the project receives
assistance.
"(b) Administrative Costs .-A State or unit of local government may
not use more than 10 percent of the funds it receives from this part
for administrative expenses.
"SEC. 2406. REPORTS.
"(a) Reports to Attorney General .-Each State or unit of local
government which receives a grant under this part shall submit to the
Attorney General, for each year in which funds from a grant received
under this part is expended, a report at such time and in such manner
as the Attorney General may reasonably require which contains-
"(1) a summary of the activities carried out under the grant and an
assessment of whether such activities are meeting the needs identified
in the application submitted under section 2402; and "(2) such other
information as the Attorney General may require.
"(b) Reports to Congress .-Not later than 90 days after the end of
each fiscal year for which grants are made under this part, the
Attorney General shall submit to the Speaker of the House of
Representatives and the President pro tempore of the Senate, a report
that includes-
"(1) the aggregate amount of grants made under this part to each State
or unit of local government for such fiscal year; and
"(2) a summary of the information provided in compliance with
subsection (a)(1).
"SEC. 2407. EXPENDITURE RECORDS.
"(a) Records .-Each State or unit of local government which receives a
grant under this part shall keep records as the Attorney General may
require to facilitate an effective audit.
"(b) Access .-The Attorney General, the Comptroller General, or their
designated agents shall have access, for the purpose of audit and
examination, to any books, documents, and records of States and units
of local government which receive grants made under this part if, in
the opinion of the Attorney General, the Comptroller General, or their
designated agents, such books, documents, and records are related to
the receipt or use of any such grant.".
(2) Table of contents .-The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 210201(b), is amended by striking the
matter relating to part X and inserting the following:
"Part X-DNA Identification Grants
"Sec. 2401. Grant authorization.
"Sec. 2402. Applications.
"Sec. 2403. Application requirements.
"Sec. 2404. Administrative provisions.
"Sec. 2405. Restrictions on use of funds.
"Sec. 2406. Reports.
"Sec. 2407. Expenditure records.
"Part Y-Transition-Effective Date-Repealer
"Sec. 2501. Continuation of rules, authorities, and proceedings.".
(3) Authorization of appropriations .-Section 1001 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 210201(c), is amended-
(A) in paragraph (3) by striking "and W" and inserting "W, and X"; and
(B) adding at the end the following new paragraph:
"(22) There are authorized to be appropriated to carry out part X-
"(1) $ 1,000,000 for fiscal year 1996;
"(2) $ 3,000,000 for fiscal year 1997;
"(3) $ 5,000,000 for fiscal year 1998;
"(4) $ 13,500,000 for fiscal year 1999; and "(5) $ 17,500,000 for
fiscal year 2000.".
(4) Effective date .-The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.